H_JUD_2022A 02/16/2022 01:06:30 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 02/16/2022 Attendance Bacon * Benavidez X Bockenfeld X Carver X Daugherty X Roberts X Van Beber X Will X Woodrow X Tipper X Weissman X Time 01:06:30 PM to 10:08:10 PM Place HCR 0107 This Meeting was called to order by Weissman This Report was prepared by Bo Pogue Hearing Items Action Taken hHB22-1038 Amended, referred to the Committee of the Whole hHB22-1003 Amended, referred to House Appropriations hHB22-1061 Amended, referred to House Appropriations hHB22-1131 Committee Discussion Only HB22-1038 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/EC5372857B1B...$File/Attachment A L.001.pdf?OpenElement Attachment A L.001.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/DB629B79CD9E...$File/Attachment B L.002.pdf?OpenElement Attachment B L.002.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/061B714FC019...$File/Attachment C Merged.pdf?OpenElement Attachment C Merged.pdf 01:07:03 PM The committee was called to order. A quorum was present. Representatives Daugherty and Van Beber, prime sponsors, presented House Bill 22-1038, concerning client-directed legal representation for youth in court proceedings for youth. Representative Daugherty explained the effect of the bill and discussed its need. Representative Van Beber provided additional input on the merits of the legislation. 01:12:40 PM Chris Henderson, representing the Office of the Child's Representative, testified in support of HB 22-1038. Melanie Jordan, representing the Office of Respondent Parent's Counsel, testified in support of the bill. Kim Dvorchak, representing the National Association of Counsel for Children, testified in support of the bill. Mr. Henderson responded to questions regarding attorney-client relationships with child clients, and situations where the child's wishes are unrealistic in dependency or neglect cases. 01:28:05 PM Gretchen Russo, representing the Department of Human Services, testified in support of HB 22-1038. Benjamin Teevan, representing Fostering Colorado and the Colorado Association of Family and Children's Agencies, testified in support of the bill. Andrea Wulf, representing herself, testified in support of the bill. 01:36:24 PM Makita Cotto, representing herself, testified in support of HB 22-1038. Samantha Little, representing herself, testified in support of the bill. Written testimony may be found in Attachment C. 01:44:37 PM Representative Daugherty explained the effect of amendment L.001 (Attachment A). 01:46:12 PM Motion Adopt amendment L.001 (Attachment A) Moved Daugherty Seconded Tipper Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 01:46:33 PM Representative Daugherty explained the effect of amendment L.002 (Attachment B). 01:47:04 PM Motion Adopt amendment L.002 (Attachment B) Moved Daugherty Seconded Van Beber Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 01:47:06 PM Representatives Daugherty and Van Beber provided closing remarks in support of HB 22-1038. Representatives Tipper and Weissman discussed the merits of the legislation. 01:55:30 PM Motion Refer House Bill 22-1038, as amended, to the Committee of the Whole. Moved Daugherty Seconded Van Beber Bacon Yes Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Roberts Yes Van Beber Yes Will Yes Woodrow Excused Tipper Yes Weissman Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS HB22-1003 - Amended, referred to House Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/14F795FAA46F...$File/HB22-1003 testimony.pdf?OpenElement HB22-1003 testimony.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/7D54AC0BD876...$File/Attachment E.pdf?OpenElement Attachment E.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/9F7860E4D23D...$File/Attachment F.pdf?OpenElement Attachment F.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/0804F9E37100...$File/Attachment G.pdf?OpenElement Attachment G.pdf 01:55:57 PM Representatives Daugherty and Gonzales-Gutierrez, prime sponsors, presented House Bill 22-1003, concerningcreating a grant program to fund projects that reduce crime among youth. Representative Daugherty explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the bill. 02:05:01 PM Gianny Vanegas, representing herself, testified in support of HB 22-1003. Janeaya Ramos, representing herself, testified in support of the bill. Danielle Felder, Colorado Alliance of Boys and Girls Clubs, testified in support of the bill. Ms. Felder responded to questions regarding the cost for establishing a boys and girls club. 02:13:43 PM Jerry Demmer, representing One Step Forward, testified in support of HB 22-1003. Joe Thome, representing the Division of Criminal Justice in the Department of Public Safety, testified in support of the bill. Discussion ensued regarding measuring the successes of programs such as boys and girls clubs, and the administration of juvenile diversion grant programs. 02:33:18 PM Angelina Sandoval, representing the Colorado League of Charter Schools, testified in support of HB 22-1003. Catherine O'Neill Thorn, representing Art from Ashes, testified in support of the bill. Paula Mattas, representing Mesa County Partners, testified in support of the bill. 02:43:11 PM Autumn Brooks, representing Clear Creek School District Re 1, testified in opposition to HB 22-1003. Written testimony may be found in Attachment D. 02:48:18 PM Representative Daugherty explained the effect of amendment L.001 (Attachment E). 02:50:25 PM Motion Adopt amendment L.001 (Attachment E) Moved Daugherty Seconded Tipper Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Excused Tipper Weissman YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 02:50:41 PM Representative Daugherty explained the effect of amendment L.002 (Attachment F). 02:51:49 PM Discussion ensued regarding the population served by the programming created by HB 22-1003. 02:53:35 PM Motion Adopt amendment L.002 (Attachment F) Moved Daugherty Seconded Tipper Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:53:37 PM Representatives Gonzales-Gutierrez, Benavidez, and Bacon explained the effect of amendment L.007 (Attachment G). 02:59:42 PM Motion Adopt amendment L.007 (Attachment G) Moved Daugherty Seconded Tipper Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:59:44 PM Representatives Daugherty and Gonzales-Gutierrez provided closing remarks in support of HB 22-1003. 03:01:42 PM Motion Refer House Bill 22-1003, as amended, to the Committee on Appropriations. Moved Daugherty Seconded Tipper Bacon Yes Benavidez Yes Bockenfeld No Carver No Daugherty Yes Roberts Yes Van Beber No Will No Woodrow Yes Tipper Yes Weissman Yes Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS HB22-1061 - Amended, referred to House Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/AE98EC529BC5...$File/HB22-1061 NGRI Bill Written Testimony.pdf?OpenElement HB22-1061 NGRI Bill Written Testimony.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/EB6E9F5B6D67...$File/Attach I.pdf?OpenElement Attach I.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/DD1EAA84644E...$File/Attachment J.pdf?OpenElement Attachment J.pdf 03:01:55 PM Representatives Amabile and Benavidez, prime sponsors, presented House Bill 22-1061, concerning modifications to not guilty by reason of insanity. Representative Amabile explained the effect of the bill and discussed its need. Representative Benavidez provided further input on the need for the legislation. Discussion ensued regarding evaluations of those deemed not guilty by reason of insanity. Discussion ensued regarding the fiscal impact of the bill, as amended. 03:24:49 PM Richard Martinez, representing the Colorado Psychiatric Society, testified on HB 22-1061 from an "amend" perspective. Lauren Snyder, representing Mental Health Colorado, testified in support of the bill. James Karbach, representing the Office of the State Public Defender, testified in support of the bill. Jonathan Culwell, representing the National Alliance on Mental Illness-Colorado, testified in support of the bill. Jagruti Shah, representing Department of Human Services, responded to questions regarding the costs for committing someone to one of the mental health institutes, and how the bill will impact costs. Aaron Carpenter, Legislative Council Staff, provided input on the fiscal impact of HB 22-1061. 04:03:03 PM David Hoffschneider, representing himself, testified in support of HB 22-1061. Alexander Hoben, representing himself, testified in support of the bill. Jennifer Longtin, representing herself, testified in support of the bill. Debra Carlson, representing herself, testified in support of the bill. Discussion ensued regarding the cost to be released when adjudicated not guilty by reason of insanity. 04:22:28 PM Erica Palmer, representing herself, testified in support of HB 22-1061. Meghan Baker, representing Disability Law Colorado, testified in support of the bill. Michael Simmons, representing himself, testified in support of the bill. 04:36:03 PM Jacob Rath, representing himself, testified in support of HB 22-1061. Michelle Hill, representing Friendly Harbor, testified in support of the bill. DaQwon Carey, representing himself, testified in support of the bill. Written testimony may be found in Attachment H. 04:50:40 PM Representative Amabile explained the effect of amendment L.002 (Attachment I). 04:51:50 PM Motion Adopt amendment L.002 (Attachment I) Moved Benavidez Seconded Weissman Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:52:25 PM Motion Adopt amendment L.001 (Attachment J) Moved Benavidez Seconded Weissman Bacon Benavidez Bockenfeld Carver Daugherty Roberts Van Beber Will Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:52:27 PM Representatives Amabile and Benavidez provided closing remarks in support of HB 22-1061. Various committee members provided their positions on HB 22-1061. 05:13:04 PM Motion Refer House Bill 22-1061, as amended, to the Committee on Appropriations. Moved Benavidez Seconded Tipper Bacon Yes Benavidez Yes Bockenfeld No Carver No Daugherty Yes Roberts No Van Beber No Will No Woodrow Yes Tipper Yes Weissman Yes Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS HB22-1131 - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/93340734E074...$File/Attachment K Merged.pdf?OpenElement Attachment K Merged.pdf 05:13:16 PM The committee recessed. 05:27:29 PM The committee returned to order. Representatives Bacon and Gonzales-Gutierrez, prime sponsors, presented House Bill 22-1131, concerning measures to reduce justice-involvement for young children, and, in connection therewith, focus on prevention and age-appropriate interventions. Representative Bacon explained the effect of the bill, and discussed its need. Representative Gonzales-Gutierrez provided additional input on the merits of the legislation. Written testimony may be found in Attachment K. 05:48:52 PM Dafna Gozani, representing the National Center for Youth Law, testified in support of HB 22-1131. Stuart Jenkins, representing Healthier Colorado, testified in support of the bill. Phillip Roybal, representing Colorado Circles for Change, testified in support of the bill. 05:59:00 PM Corin Flanigan, representing the Colorado Municipal Judges Association, testified in opposition to HB 22-1131. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Jessica Dotter, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Discussion ensued regarding the types of crimes that would be impacted by the bill, and the rates of crime for these types of offenses amount 10 to 12 year olds. Discussion followed regarding how youth whose detention is deferred under the bill would receive services. Ms. Dotter responded to questions regarding how certain criminal events would be handled by law enforcement under the bill. 06:22:08 PM Meighen Lovelace, representing the Colorado Cross Disability Coalition, testified in support of HB 22-1131. Terrence Moore, representing Mirror Image Arts, testified in support of the bill. Tayz Enriquez, representing herself, testified in support of the bill. 06:35:02 PM Michelle Dossey, representing Arapahoe County, testified in opposition to HB 22-1131. Meghan MacKillop, representing the Colorado Municipal League, testified on the bill from an "amend" perspective. Katie Kurtz, representing the Colorado Municipal League, testified on the bill from an "amend" perspective. Ms. Kurtz responded to questions regarding some statistics she cited. Ms. Dossey responded to questions regarding the the interplay between the juvenile justice system and the human services system when it comes to adjudicated youth. Judge Kurtz responded to questions regarding her concerns should the bill pass. 06:57:19 PM Melina Maes, representing Girls Inc., testified in support of HB 22-1131. Penelope Gurule, representing Girls Inc., testified in support of the bill. Sophia Montano, representing Girls Inc., testified in support of the bill. Vanessa Quintana, representing Girls Inc., testified in support of the bill. Liska Torok, representing Girls Inc., read the testimony of a child not present. Laylah Rodrigues-Johnson, representing Girls Inc., testified in support of the bill. Brandon Pryor, representing Warriors for High Quality Schools, read the testimony of Malachai Pryor in support of the bill. He then provided his own testimony supporting the bill. 07:13:00 PM Daniel Steinhauser, representing the Fifth Judicial District Attorney's Office, testified in opposition to HB 22-1131. Michael Arnold, representing himself, testified in opposition to the bill. Katie Jarnot, representing the Eagle County School District, testified in opposition to the bill. Dominik Scriver, representing himself, testified in opposition to the bill. Mr. Scriver responded to questions regarding his arrest as a youth. Dr. Jarnot and Mr. Steinhauser responded to questions regarding the ability of juvenile delinquents to access services and programming. Dr. Jarnot responded to questions regarding an incident in Eagle County involving a robbery by youth, and how the youth would have been handled had HB 22-1131 been in effect. 07:42:19 PM Apryl Alexander, representing the University of Denver's Forensic Institute of Research, Service, and Training, testified in support of HB 22-1131. Carly Muller, representing the Colorado Chapter of the American Academy of Pediatrics, testified in support of the bill Betsy DeCastro, representing herself, testified in support of the bill. Michael Bagg, representing the American Academy of Pediatrics, testified in support of the bill. Dr. DeCastro responded to questions regarding how her clients are referred to her. Discussion ensued regarding an alternative system to the juvenile justice system, and standards for handling juvenile delinquency in other jurisdictions. 08:05:09 PM Elizabeth Newman, representing the Colorado Coalition Against Sexual Assault, testified on HB 22-1131 from an "amend" position. Jean McAllister, representing herself, testified on the bill from an "amend" position. Travis Sides, representing himself, testified on the bill from an "amend" position. Mr. Sides responded to questions regarding what would have happened in a case he cited had the perpetrator nine years old. Ms. Newman responded to questions regarding treatment for those who commit sexual violence. 08:20:52 PM Katie Hecker, representing the Hecker Law Office. LLC, testified in support of HB 22-1131. Kate Gladson, representing the Rocky Mountain Children's Law Center, testified in support of the bill. Liz Upton, representing the Colorado State Public Defender's Office, testified in support of the bill. Melanie Potyondy, representing the Colorado Education Association, testified in support of the bill. Discussion ensued regarding making services accessible to delinquent youth through means other than the criminal justice system. 08:47:57 PM Beth McCann, representing herself, testified in opposition to HB 22-1131. Michael Dougherty, representing himself, testified in opposition to the bill. Michelle Murphy, representing the Colorado Rural Schools Alliance, testified in opposition to the bill. Thaddeus Paul, representing the Larimer County Department of Human Services, testified on the bill from a neutral position. Kristine Rolfes, representing the Eighteenth Judicial District Attorney's Office, testified in opposition to the bill. 09:07:25 PM Lauren Snyder, representing Mental Health Colorado, testified in support of HB 22-1131. Kim Dvorchak, representing the National Association of Counsel for Children, testified in support of the bill. 09:17:57 PM Sam Jones-Rogers, representing the Colorado Association of School Boards, testified on HB 22-1131 from a neutral position. Caitlin Trussell, representing Together Colorado, testified in support of the bill. Kerri Wingert, representing CASA Boulder County, testified in support of the bill. Jenn Harris, representing herself, testified on the bill from a neutral perspective. 09:33:54 PM Dawn Fritz, representing Colorado PTA, testified in support of HB 22-1131. Liz Geralds read the testimony of Justin Simmons in support of the bill. Ted Maynard, representing the Colorado Chapter of the American Academy of Pediatrics, testified in support of the bill. 09:42:24 PM Elise Logemann, representing the ACLU of Colorado, testified in support of HB 22-1131. Ms. Logemann responded to questions regarding treatment for children implicated for sexual offenses. 09:48:51 PM The committee recessed. 10:04:34 PM The committee returned to order. The chair laid over HB 22-1131 for action only at a future date. 10:08:10 PM The committee adjourned.